A Utah judge on Friday denied a defense motion to remove capital punishment as a possible sentence for Tyler Robinson, who is accused of attempting to assassinate conservative activist Charlie Kirk.
Judge Tony Graf Jr. ruled that Robinson remains eligible for the death penalty if convicted of aggravated murder. The decision came despite finding that a deputy prosecutor violated a court gag order during public statements about evidence in the case.
The Judge’s Ruling
Graf determined that Deputy Utah County Attorney Christopher Ballard crossed ethical lines by expressing opinions about the strength of the prosecution’s case during media interviews. “The court finds that striking the death penalty is grossly disproportionate to the misconduct and legally unavailable in this civil contempt framework,” Graf stated.
Rather than remove capital punishment as a sentencing option, Graf said he would expand the jury selection process to help ensure Robinson receives a fair trial. The judge called the defense’s proposed remedy excessive given the nature of the prosecutorial misconduct.
What Sparked the Dispute
The conflict began when a defense court filing challenged ballistic evidence linking Robinson to the case. Prosecutors responded publicly after the filing generated viral news coverage suggesting federal authorities could not match a bullet to a rifle belonging to Robinson’s grandfather.
According to court records, the Bureau of Alcohol, Tobacco, Firearms and Explosives described its toolmark analysis as inconclusive but confirmed the bullet’s caliber matched the weapon and that a spent casing found at the scene matched Robinson’s rifle. Ballard’s media statements went beyond correcting this record by expressing confidence in prosecutors’ overall case, Graf determined.
Ongoing Tensions
Prosecutors maintained they were responding to what they viewed as misleading defense statements and argued they complied with gag order restrictions. The dispute has escalated into mutual accusations of misconduct between prosecutors and the defense team.
This story has been updated. CNN’s legal team contributed to this report.
